the plaint. They also filed an application under Order VII Rule 11 C.P.C. stating that the suit is hit by principles of res judicata, barred by limitation and there is no cause of action for filing of the suit. Learned trial Court dismissed the petition holding that the suit is not hit by principles of res judicata , as the earlier suit referred to by the Defendants was decided ex parte . Learned appellate Court confirmed the said order holding that the plea of res judicata raised by the Defendants can be decided by leading cogent evidence as the Plaintiffs in their plaint have categorically stated that C.S. Plot No.820/1319 over which the Defendants are claiming title by virtue of the decree passed in T.S. No. 185 of 1982 is not the subject matter of dispute in the present suit. It was further held that since the cause of action arose on 17th February, 2009, the suit for declaration of title is maintainable. Learned appellate Court further held that on a plain reading of the plaint, it appears that the Plaintiffs have stated that the cause of action for filing of the suit arose on 17th February, 2009. Hence, the suit is not barred by limitation. Hence, this CMP has been filed.
